HomeMy Public PortalAbout2008_10_28
COUNCIL MEETING
October 28, 2008
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: David S. Butler, Thomas S. Dunn, II, Katie Sheldon
Hammier, Ken Reid, Kevin Wright and Mayor Kristen Umstattd.
Council Members Absent: None
Staff Present: Town Manager John Wells, Deputy Town Manager Kaj Dentler, Town
Attorney Jeanette Irby, Director of Public Works Tom Mason, Senior Engineer Anne
Geiger, Economic Development Manager Marantha Edwards, Director of Planning and
Zoning Susan Berry-Hill, Deputy Director of Planning and Zoning Brian Boucher,
Assistant Director of Capital Projects Management Tom Brandon, Environmental
Planner Irish Grandfield and Clerk of Council Lee Ann Green
AGENDA
1. Call to Order
ITEMS
2. Salute to the Flag was led by Council Member Dunn
3. Invocation was lead by Council Member Butler
4. Roll Call showing all members present
5. Minutes
a. Work Session Minutes of September 22, 2008
On a motion by Council Member Martinez, seconded by Council
Member Butler, the minutes were passed 7-0
b. Regular Session Minutes of October 15, 2008
On a motion by Vice Mayor Hammier, seconded by Council Member
Butler, the minutes were passed 7-0 with corrections.
6. Adopting the Meeting Agenda (Amendments and Deletions)
On a motion by Council Member Martinez, seconded by Council Member
Wright, the meeting agenda was approved by a 7-0 vote.
7. Presentations
a. Bid Opening - (Bid #600710-FY09-01) Airport Lease
Agreement - Tenant Area #lA - 825 Square Feet. No bids were
received. No bids from the Floor
b. Bid Opening - (Bid #6007-10-FY09-02) Airport Lease
Agreement - Classroom #2 - 337.5 Square Feet. No bids were
received. No bids from the Floor
c. Journey Through Hallowed Ground
Cate Wyatt gave a presentation to Council regarding the work the
Journey has been involved in during the past few years. She asked Council to
sign a resolution supporting the designation of the Journey corridor as an "All
American Road" by the Federal Government. Council asked that this item be
put on the agenda for the next meeting pending confirmation this designation
would not interfere with any federal or state grants the Town is already
involved with.
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d. Small Business Development Center (SBDC)
Robin Suomi gave a brief presentation to Council regarding the work
the SBDC has been involved in during the past year.
8. PETITIONERS
The Petitioners section was opened at 8:05 p.m.
Gordon Herndon, 105 Plaza Street, N.E., stated he has been a resident on
Plaza Street for many years. He stated there is a problem with cars speeding to
catch the green light at the intersection with Edwards Ferry Road. He asked for
increased enforcement in this area. Mr. Herndon also sought assistance with
misdirected mail. He stated the 66-105 Plaza Street address often receives his mail
and he receives their mail. He stated this is a problem with many of the residences
in his block. He stated he has heard rumors that his mail has been lying on the
ground after being mis-delivered to the 66-105 address. He requested a change of
address for the homes in the 66 Plaza Street subdivision.
Vice Mayor Hammier suggested a meeting with the residents of the 66 Plaza
Street development to discuss what a good short term solution might be.
Mayor Umstattd suggested sending the speeding issue to the Standing
Residential Traffic Committee for a recommendation.
The Petitioners section was closed at 8: 15 p.m.
9. ADOPTION OF THE CONSENT AGENDA
There were no items on the Consent Agenda
10. PUBLIC HEARINGS
a. Endorsing the Application and Authorizing the Town Manager
to Execute any and all Documents Associated with the Application for
a Transportation Enhancement Grant for the Purpose of Funding the
Replacement of Streetlights in the Leesburg Historic District
The public hearing was opened at 8:25 p.m.
Tom Brandon gave a brief presentation on the item. He stated this is
a funded Capital Project. He stated they are doing this project in stages as
the funding becomes available. He stated this additional funding will allow
them to complete another segment, but in order to apply for the grant they
will need a resolution from Council.
Council Member Dunn questioned the status of the project if the funds
are not acquired from the Virginia Department of Transportation.
Mr. Brandon stated if the funds are not granted, then the project will
be delayed until funding can secured.
Council Member Dunn suggested completing a section to the south in
light of the new development that has been approved for that area.
Mr. Brandon stated that can be adjusted on future applications. He
stated the planned area on the north end of King Street is free of overhead
power lines. He stated undergrounding the power lines is part of this Capital
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Project and without the need to relocate the power lines, it is a much simpler
project.
There were no speakers for this public hearing.
The public hearing was closed at 8:30 p.m.
On a motion by Council Member Martinez, seconded by Council
Member Dunn, the following was proposed:
RESOLUTION 2008-157
Endorsing the Application and Authorizing the Town Manager to
Execute the Application for a Transportation Enhancement Grant for
the Downtown Streetlights Project
The motion was approved by the following vote
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
11. ORDINANCES
a. None
12. RESOLUTIONS
a. Adopting a Ten-Percent Energy Reduction Goal for 2012 for
Municipal Government of the Town of Leesburg
On a motion by Vice Mayor Hammier, seconded by Council Member
Martinez, the following was proposed:
RESOLUTION 2008-158
Adopting a Ten-Percent Energy Reduction Goal by 2012 for Municpal
Government of the Town of Leesburg
Mayor Umstattd stated the Town received a plaque at the Virginia
Municipal League conference in Norfolk.
Vice Mayor Hammier stated the municipalities who received their
certificates for Green Government at the conference were very proud. She
thanked staff for making this award possible.
Council Member Reid stated there were wonderful roundtable
discussions on how various companies are going into municipalities and
providing newer HVAC and lighting equipment which would allow
municipalities to reap the benefits of energy savings.
Vice Mayor Hammier stated whatever the Town can do to reduce
energy use is very important.
Council Member Butler commended the EAC for being proactive with
this initiative.
Town Council Meetinq of October 28, 2008
Page 4
b. Approving a Design Change order for the North King Street
Drainage Project
On a motion by Council Member Wright, seconded by Council Member
Martinez, the following was proposed:
RESOLUTION
Approving a Design Change Order for the North King Street Drainage
Project
The motion was approved by the following vote
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
13. OLD BUSINESS
a. Site Plan Review Time Limits
Council Member Reid stated there has been no discussion of the memo
on the DCSM and Overland Relief. He stated we need to discuss this at the
next work session because the staff is moving in a positive direction, but
there are some alternatives he would like to make sure are looked at. He
stated the presentation about ESI was excellent and hopes to include this as
part of the Legislative agenda.
14. NEW BUSINESS FOR ACTION
a. Dominion Virginia Power Lines - Wage Drive
The following motion by Council Member Martinez, seconded by
Council Member Wright, was proposed:
MOTION
Approving Letters to Leesburg's Federal and State Representatives
Regarding Dominion Power
Council Member Wright suggested changing the wording of the last
sentence of the letter to Governor Kaine to "We look forward to your prompt
and immediate action to assist with this untenable situation."
Mayor Umstattd suggested the word "However," be added before the
sentence "There was a clear..,"
The motion was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright, and Mayor
Umstattd
Nay: None
Vote: 7-0
b. Authorizing Letters to State Legislators Regarding VDOT
Battlefield ParkwaY/Rt. 7 Diamond Interchange Design
Council Member Wright asked that this item be deferred until the next
meeti ng.
The motion was seconded Council Member Reid.
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Page 5
The motion to defer was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
c. Initiating H-2 Steering Committee
On a motion by Vice Mayor Hammier, seconded by Council Member
Dunn, the following was proposed:
RESOLUTION 2008-160
H-2 Overlay District Review
Vice Mayor Hammier clarified that she moved alternative #2 with the
amendment "...directs the planning commission with input from all key
stakeholders" .
Council Member Wright clarified that alternative #2 is the transfer of
the H-2 review from the BAR to the Planning Commission.
Vice Mayor Hammier stated it is really two separate things; one
directing the Planning Commission to be responsible for the H-2 review, and
being responsible for establishing guidelines for the H-2 involving all key
stakeholders, not just the BAR.
Council Member Dunn stated the "therefore" from the last page could
be replaced by the "Therefore" from Alt. 2. He stated it is too much work at
this point in time to get involved with working on the guidelines.
Council Member Wright stated he would not be supporting Alt. #2. He
stated the chairs of the Planning Commission and BAR talked about was a
long list of problems and we need to identify what the solutions are and then
move forward. He stated given that broad empowerment, the Planning
Commission might say the H-2 outside the bypass is not worth it. Having the
Planning Commission look at a very narrow question of do we move the
review of the H-2 to the Planning Commission from the BAR simply moves the
existing problem to a body that has no training in architectural review and will
have to be trained. He stated this will create the same long, drawn out
process.
Vice Mayor Hammier stated she would like to withdraw her earlier
amendment as the key point she was trying to make is the Planning
Commission being responsible for the H-2 review and involving all key
stakeholders. She stated this is best reflected in Alternative # 1.
Council Member Reid stated he would second a motion for Alternative
#1. He stated he would like a friendly amendment to require the Planning
Commission to report to Council by February 23 and make their final
recommendations to Council by June 8, 2009. He stated this would give them
a specific period of time to come up with regulations and guidelines. He
stated he hoped they would come up with specific ordinances and guidelines.
Vice Mayor Hammier stated this amendment would be acceptable.
Town Council Meetinq of October 28, 2008
Page 6
Council Member Dunn questioned what would be done that has not
already been planned to be done.
Council Member Reid stated they would redo the regulations and look
at the parameters of the corridor.
Council Member Wright stated he felt what we are doing is having a
broader review of what is the right way to do this, what is the most efficient
way to do this. He stated they will try to figure out what the goals of the H-2
are and how to get there.
Council Member Martinez stated we are adding stakeholders in the
development community who have valuable input. He asked to add an
amendment to Alternative #A. He stated we need to designate how many
Planning Commissioners if we are designating the number of BAR members.
Council Member Wright stated he would like to strike Alternative #A as
he did not feel we should not designate the number of Planning
Commissioners. He stated the steering committee should include the BAR,
Planning Commission, and stakeholders.
Vice Mayor Hammier asked for a friendly amendment to take Council
Member Wright's suggestion of striking Alternative #A.
This friendly amendment was seconded by Council Member Reid.
Vice Mayor Hammier went on to add another friendly amendment to
the last Therefore on the first page to be "the Leesburg Town Council directs
the Planning Commission, with input from all key stakeholders, to review and
recommend to Council" and strike the rest of the phrase regarding the
steering committee. She stated we should let them decide and pull together
all key stakeholders to provide input. She stated they will come back with a
comprehensive policy recommendation.
Council Member Reid agreed to this amendment.
Council Member Butler stated the steering committee was the intent of
this resolution.
Council Member Reid stated he would recommend a joint Planning
Commission and BAR committee with input from the stakeholders.
Jeanette Irby stated people have already asked to participate on a
steering committee.
Council Member Dunn made a motion to table indefinitely. The motion
failed for lack of a second.
Council Member Martinez made a motion to table until the next Council
meeting immediately following the next Planning Commission meeting.
The motion to table failed by the following vote:
Town Council Meeting of October 28, 2008
Page 7
Aye: Dunn, Martinez
Nay: Butler, Hammier, Reid, Wright and Mayor Umstattd
Vote: 2-5
Council Member Wright stated Vice Mayor Hammier's proposal is to
give the Planning Commission the direction and let them go. He questioned
whether anything in the legislation prohibits the Planning Commission from
forming a steering committee as a way to complete their task.
Ms. Irby stated there is nothing to prevent the Planning Commission
from forming a steering committee, but they might like some direction as to
the make up of the committee. Ms. Irby clarified the wording for the
resolution as followed:
The first page change "Therefore the Leesburg Town Council directs
the Planning Commission with input from all key stakeholders to review and
recommend...", strike Alternative A, Alternative #1 is "Resolved, that the
Leesburg Town Council with input from all key stakeholders, commence the
above actions as set forth above and report to Council on February 23. The
anticipated amount of time needed that said Committee needs to make its
recommendations to Council, said recommendations to be made by June 8,
2009."
The original motion with friendly amendments as discussed was
approved by the following vote:
Aye: Butler, Dunn, Reid, Wright, and Mayor Umstattd
Nay: Dunn, Martinez
Vote: 5-2
15. NEW BUSINESS FOR CONSIDERATION AT A FUTURE MEETING
a. Request for additions:
i. Council Member Wright asked for an update on speed
enforcement.
ii. Council Member Reid asked for a resolution designating a point
person and an alternate to work on the GMU stakeholder
committee.
iii. Council Member Dunn asked for a serious discussion of how to
get additional enforcement on the streets, not just for traffic.
He stated he would like to look at the possibility of getting
SROs out of the schools and onto the street.
16. COUNCIL COMMENTS
Council Member Reid stated the Vice Mayor and he had a good time at the
VML conference. He stated they learned that VDOT may have to cut money from
town and city road maintenance this year. He stated the Vice Mayor cleverly had
VML adopt a resolution as part of their legislative packet to support local sovereignty
over water and sewer rates. He thanked the Vice Mayor for the accomplishment. He
distributed a letter from resident Elizabeth Barbee regarding sidewalks. He stated
we have to work on getting sidewalks and infrastructure improvements faster than
we build our own infrastructure improvements. He stated he did not attend Court
Days, but is very sad it was not more successful. He stated he hopes we have a fair
election and is concerned about some of the tactics that are being bandied about.
Town Council Meetinq of October 28. 2008
Paqe 8
He stated there is still time to volunteer to work at the polls. He stated he would see
everyone at the Halloween Parade.
Council Member Butler reiterated his praise of the Environmental Advisory
Commission because they are being very proactive in a number of areas. He stated
next week turn out at the polls is expected to be very high and if there are any
volunteer opportunities, it would be great to get them filled.
Council Member Wright congratulated town staff on how well they handled the
two political rallies. He stated he appreciated the town being able to bring to a
sharper point in backing up the Mayor in her already aggressive efforts against
Dominion Power's ongoing attempts to destroy our community. He asked that staff
follow-up with the flooding from Loudoun County High School. He stated the missing
sidewalk section in front of Tolbert is not a frontage problem, but is actually on
school property. He stated Interfaith Relief is collecting canned goods at the
Halloween Parade. He congratulated Bill Ference and the Parks and Rec Department
for the acknowledgement they received in NVRC's environmental newsletter. He
updated the Council on Form Based Code. He stated the consultant is wrapping up
their test cases. He stated they would be having a steering committee meeting in
December. He stated his information from observers is the Vice Mayor is a one-
woman lobbyist at VML. He stated there is a briefing meeting on Thursday regarding
the Morven Park sidewalks. He stated he attended Court and Market Days. He
stated the activity was consolidated and staff did a good job. He stated we need to
evaluate whether we are making forward momentum or not. He encouraged
everyone to vote. He reminded those who used to vote at the Fire Hall to vote at Ida
Lee.
Council Member Martinez stated he appreciated the way the town handled the
political rallies. He stated he got a shave at Court and Market Days, which was a
real treat. He stated he is concerned about Court and Market Days. He stated we
need to consider whether we should continue to hold it in October, make it a festival
or move it back to August.
Vice Mayor Hammier stated this was a remarkable week. She stated it was a
great experience for her children to be able to watch what was going on in Town.
She stated she was very honored the first thing that Senator Obama said to her was
"Vice Mayor, you have a beautiful town". She thanked the entire town staff. She
thanked Mayor Umstattd for all her hard work regarding the power lines. She stated
she went to the Vice Mayor training before the VML conference, which gave her an
opportunity to work with the Chair of the Legislative Policy Committee to get the
Utility rate statement included in the Legislative Agenda. She recommended we do
active follow-up with all municipalities. She stated it is incredible the amount of
support around the state from various municipalities for this legislative action. She
stated towns across the state do not have enough cash to operate. She stated there
is about a three billion dollar revenue shortfall in the state. She stated it was a good
opportunity for the town. She reminded everyone of the November 11 Veteran's Day
commemoration. She noted all group exercise classes are cancelled at Ida Lee for
Election Day.
Council Member Dunn congratulated town staff on pulling off both rallies.
17. MAYOR'S COMMENTS
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Page 9
Mayor Umstattd thanked Vice Mayor Hammier for her efforts at the VML
Conference on behalf of the Town. She thanked Council for attending ribbon cuttings
at Joann Fabrics and CiCi's Pizza. She thanked Phil Rusciolleli for hosting the Buddy
Walk for Down's Syndrome last week. She thanked Hair Savvy for their efforts to
raise awareness for breast cancer. She stated the merchants at Market Station were
involved in that. She congratulated Ryan Rice on his achieving Eagle Scout. She
asked Council Member Martinez to find out if Eagle Scout Rice would like to receive a
formal certificate from the Council.
18. MANAGER'S COMMENTS
Mr. Wells thanked Council for recognizing the hard work involved in hosting
the two political rallies. He thanked Public Works, the Police Department and Parks
and Rec for their hard work. He noted those same groups will be involved in the
Halloween Parade this Friday as well. He asked Council to add an input session on
the George Mason University Study on November 6 at Town Hall. He stated they will
also be meeting with Council prior to the November 10 worksession. He noted there
is a logistical challenge in rescheduling the Legislative Dinner. He stated they will
attempt to set up a meeting with those legislators who can attend prior to the
November 12 meeting and have smaller meetings with other legislators at their
convenience.
19. CLOSED SESSION
There were no Closed Sessions
20. ADJOURNMENT
On a motion by Council Member Wright, seconded by Vice Mayor Hammier,
the meeting was adjourned at 9:26 p.m.
1
Kristen C. mstattd, Mayor
Town of Leesburg
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